Indian applicants seeking permanent residency in the United States through the EB-5 investor visa program have received a setback after the annual visa quota for the unreserved EB-5 category was exhausted for Fiscal Year (FY) 2026.
According to US immigration authorities, India has now reached its per-country allocation limit in the EB-5 unreserved category, making new visa numbers unavailable until the start of FY 2027 on October 1, 2026. The development comes just weeks after India’s allocation under the EB-2 employment-based category was also exhausted due to exceptionally high demand.
The EB-5 Immigrant Investor Program offers foreign investors a pathway to a US Green Card in exchange for investments that create jobs for American workers. Under current regulations, applicants must invest at least $800,000 in a targeted employment area or infrastructure project and generate a minimum of 10 full-time jobs in the United States.
US immigration laws place strict annual limits on employment-based immigrant visas. The Immigration and Nationality Act (INA) allocates 7.1% of the worldwide employment-based visa quota to the EB-5 category. Of this allocation, 68% is designated for unreserved visas, which include classifications such as C5, T5, I5, R5, RU, and NU.
Additionally, US law restricts any single country from receiving more than 7% of the total number of employment-based and family-sponsored immigrant visas available annually. The rapid exhaustion of India’s quota reflects the growing number of Indian investors choosing the EB-5 route to secure permanent residency in the United States.
The EB-5 program is divided into two segments: reserved and unreserved categories. Reserved visas are earmarked for investments in rural areas, infrastructure projects, and certain high-unemployment regions. Investments that do not qualify under these categories fall into the unreserved segment. For instance, investments in commercial ventures such as hotels or urban real-estate projects are typically processed under the unreserved category.
The visa freeze primarily affects Indian applicants whose Green Card approvals were expected during July, August, and September 2026. These applicants will now have to wait until the new fiscal year begins in October, when fresh visa numbers become available.
Immigration experts note that the exhaustion of visa numbers months before the end of the fiscal year highlights the increasing popularity of the EB-5 pathway among Indians. Traditionally viewed as an alternative to employment-based immigration routes, EB-5 has gained traction among investors looking to avoid the lengthy backlogs associated with other categories.
The demand surge mirrors trends seen in the EB-2 category, which is widely used by skilled professionals and H-1B visa holders seeking permanent residency. While EB-2 backlogs for Indian applicants often stretch for many years, the EB-5 category generally offers a shorter waiting period of approximately three to five years, making it an attractive option for high-net-worth individuals.
The latest quota exhaustion serves as another indicator of the growing demand for US permanent residency among Indian nationals. With both EB-2 and EB-5 categories facing significant pressure, many applicants are likely to closely monitor visa availability when the new fiscal year begins in October.
Until then, Indian investors in the unreserved EB-5 category will remain in a holding pattern as the United States prepares to reset its annual immigrant visa allocations for FY 2027.
